[Solved] Cross examination- questioning

Are you sure it is a Section 37?

These reports are made by SS when ordered by the court to decide if they wish to commence their own proceedings OR if they can offer any assistance. They should not contain recommendations regarding contact.

You're probably fast asleep now but if you're not, which local authority is the SW from?

One thing I would be asking Social Services is how they have come to the conclusion that there was DV at this time - after all, as you say, the FOF is to determine these issues. Try to make a point that they have judged you when, actually, it is the job of the judge to do that!

Check the date of the addendum. In my guy’s case. Cafcass submitted an addendum to their original S7 which went ‘missing’ for a year and was only discovered in a later hearing. by a clever magistrate who found it had been misfiled. It could be the addendum has been around for a while. In his case Cafcass too recommended no contact as there were claims of DV, these were lies about DV and his ex had no evidence whatsoever to back them up. The judge thankfully disbelieved her eventually.

Good luck for today.

This was a recent addendum and only submitted yesterday, this being the second addendum to the Section 37

This was based on social services receiving my responses to the Scott Schedule- in which I totally denied 4, admitted 1, and gave my response to 5.

It’s unfair as I’ve been open with them ,and at the end of the day my ex picks the allegations- and they will be the ones that I’m going to dispute

The s37 addendum recommended contact on the basis I attend I DV course, although I dispute this

Hi justdad
It was an addendum report to the original s37, this is the second one and was only handed to me yesterday

This is from Norfolk social services

I certainly think you have a good point in regards to pointing out that it’s not their job to judge - I will keep hold of that 🙂

How did it go?

Hello justdad

Unfortunately it didn’t go well, as all 10 allegations were found to be fact

I did admit one, and gave my side to five, and denied four in their entirety

It does feel unfair somewhat- but I know that I did my best and have gone throughout this with strength that I didn’t know I had.

Although I guess it’s not the end of the road yet - this was just to decide if these allegations were fact, which then there could be no disputes following this fact finding hearing. Of course these would have to be taken into account as facts going forward.

One point - the social services who completed the Section 37 report, completed their report having taken into consideration that the allegations were ‘fact’ in any case, prior to my response and and findings being made .With this taking into account they still recommend contact take place, should I be willing to accept responsibility and take part in courses etc.

Following the hearing my exes barrister spoke to me, with the guardians solicitor who wasn’t present in the hearing although available in court. She asked me about how I felt etc, and I said that I accepted the decision of the judge and would move forward
I didn’t kick up a fuss, become frustrated etc. The best way I can describe how I feel about the allegations and the way I’ve been portrayed is that I ‘meet them half way’. It’s fairly hard to swallow and I’m sure others have felt the same.

We went back into court with the guardians solicitor also, and there was a formal chat. The judge spoke of a DV course being looked into and another directions hearing. The children’s guardian will have put her thoughts forward via a position statement within two weeks as I recall.

I think the hardest thing is knowing that had this fact finding hearing been set before I would of been able to afford a barrister and have someone professional who could fight my corner. Before this hearing i’d gone through 10 hearings and I’ve no money left, so I didn’t have much choice.

I will just have to see what happens next